Under the law of England and Wales employers have obligations to their employees to take reasonable steps to prevent any physical or mental harm coming to them in the workplace. These obligations are both statutory and common law in nature. We’re going to have a brief look at these obligations in this post by examining the following:

1. What obligations do employers have under health and safety law?
2. How can employers potentially breach these obligations?
3. What are the consequences if an employer breaches these obligations?

What obligations do employers have under health and safety law?

As above, employers have both statutory and common law obligations relating to the health and safety of their employees in the workplace

Statutory

There are various statutes under the law of England and Wales relating to workplace health and safety. These acts convey either civil or criminal liability if an employer fails to uphold their duty to take reasonable steps to prevent harm coming to their employees. These duties fall under the various statutes (among others – these are generally considered to be the most important):

1. The Health and Safety at Work etc Act 1974
2. The Workplace (Health, Safety and Welfare) Regulations 1992
3. The Management of Health and Safety at Work Regulations 1999

Common law

The main common law duty is the duty to prevent reasonably foreseeable harm coming to their employees – also known as the tort of negligence. If an employee suffers some form of harm in the workplace because of the failure of their employer to provide a safe workplace (or reasonably competent colleagues etc.) or a colleague injures you in the workplace then the employee may have a claim against their employer for negligence. In order to succeed in their claim the employee would have to show that a third party owed the injured person a duty to exercise a reasonable standard of care, that the duty had been breached (by falling below the necessary standard), and that this breach of duty had caused the harm.

How can employers potentially breach these obligations?

Employers may breach these obligations if they fail to take reasonable steps to prevent harm to their employees. So, what are reasonable steps? Among other things, employers should:

1. Carry out regular risk assessments
2. Have sensible and safe working practices
3. Have health and safety policies available for their employees to read
4. Train their employees in health and safety; and
5. Employ competent persons

What are the consequences if an employer breaches these obligations?

If an employer fails to uphold their duties relating to health and safety in the workplace then they may find that they are litigated against by an injured employee or subject to a criminal prosecution by the Health and Safety Executive. Both of these issues are extremely serious.

Please note: it is advised that you take specialist employment law advice on your obligations in the workplace.

Redmans are employment law solicitors based in Richmond and the City of London.